Dr David R. Parratt

Dr David R. Parratt

General Information

Education, Training and Qualifications

LLB (Hons) (Aberd) (1992)
DipLP (Aberd) (1993)
Solicitor (Scotland) (1994)
Advocate, Scottish Bar (1999)
Ph.D (Edinburgh) (Distinction) (2005)
DipICArb (CIArb) (2007)
FCIArb (2008)
CEDR Accredited Mediator (2008)
Barrister (Lincoln's Inn) (2009)
CIArb (2010)

 

Current Practice - Summary

David has considerable experience in a wide range of practice areas. He has practised at the Scottish Bar since 1999 and in recent years has specialised in the areas of professional negligence, personal injury, general contract, company and commercial law. He is also increasingly involved in International Commercial Arbitration. He completed the Chartered Institute of Arbitration Diploma in International Commercial Arbitration at Keble College, Oxford in 2007. In addition to being a Barrister, he is a Fellow of the Chartered Institute of Arbitrators, a CEDR Accredited Mediator, Principal Honorary Research Fellow in Arbitration in the School of Law and Honorary Lecturer in Dispute Resolution in the Centre for Energy, Minerals, Law and Policy (CEPMLP) both in the University of Dundee, and External Examiner in Alternative Dispute Resolution in the University of Aberdeen. He enjoys rights of audience before the Dubai International Finance Center (DIFC), and the Qatar Finance Center Commercial Courts (QFC).

His practice now encompasses Scots, English and International Law and covers all forms of commercial dispute resolution, particularly in the Oil and Gas sectors and in construction and engineering areas.

He has appeared in the Sheriff Court, before the Sheriff Principal, the Outer and Inner Houses of the Court of Session, the Commercial Court, the Land Court and the Lands Tribunal. He has experience of arbitrations (domestic and international) and adjudications.

 

Publications/Seminars

  • ‘The Law of Tourism in the United Kingdom', in: European Travel Law (eds.) Yacoub & Bereford (Wiley 1993) (Principal Author of chapter on Scottish Provisions)
  • "Access to Justice: Lessons From the Sheriff Court" in: The Reform of Civil Justice, (eds.) Professor H.L. MacQueen and Professor B.G.M. Main, Hume Papers on Public Policy, (1997) Vol. 5, No. 4
  • Book Review, S. Bennett, 'Personal Injury Damages' (4th Ed. 2005) 2005 S.L.T. (News) 132)
  • "The Heritors of Kingsbarns against Rev James Beatson: An Example of Eighteenth Century Written Pleading" in Miscellany Five (ed. HL MacQueen) (Stair Society, Vol. 52) 2006 at 133-144
  • ‘‘Written Informations and the Start of Written Pleadings" (Abstract of paper to Scottish Legal History Group) 2006 27 Journal of Legal History (1) 95 at 98-99.
  • "The Development and Use of Written Pleadings in Scots Civil Procedure" (Stair Society, Vol. 48) 2007
  • "Something Old, Something New, Something Borrowed..." Civil Dispute
  • Resolution in Scotland - A Continuing Story in: "Judicial Case Management and Efficiency in Civil Litigation" (ed. Prof C. H. Van Rhee, University of Maastricht) (Intersentia Antwerp - Oxford - Portland, 2008) (Volume 70 in the Ius Commune Europaeum Series), 163- 179
  • "Tales of the Unexpected: Procedural Changes and Their (Unintended) Consequences" in Vol. 12.1 Electronic Journal of Comparative Law (May 2008),  http://www.ejcl.org/121/art121-17.pdf
  • "The Pleadings of Sir George Mackenzie: Furiosity and Idiocy in Seventeenth Century Scotland" (with Emeritus Professor Ed. Miller), The Journal of the History of Psychiatry Vol 19 Issue 2 No. 74 June 2008 at 224 - 236.
  • The Faculty of Advocates Minute Book Volume IV, (with A. Stewart Q.C.,)Stair Society Vol. 53 Stair Society (2008)
  • 25th Annual Conference of the Scottish Legal History Group, Advocates Library, 8th October 2005
  • "Tales of the Unexpected: Procedural Changes and Their (Unintended) Consequences : Keynote Lecture to the Second Worldwide Congress on ‘Mixed Jurisdictions'. 'The Boundaries of Unity: Mixed Systems in Action' June 27-30 2007, Edinburgh.
  • "Storage, Management and Disclosure of Information in International Litigation and Arbitration" Lecture and Panel Member, ‘Information, Retention & E-Disclosure' IQPC International Conference, London 20-21 May 2009.
  • Energy Law and Policy in Scotland, the UK and Europe: Challenges and Opportunities in Emerging Markets Lecture to Jacobs Engineering Conference, Glasgow 29th May 2009
  • "Diversification, Resumption, Assignation and Confusion in Agricultural Tenancies? What is the Approach of the Scottish Land Court?" Lecture to the Rural Law Conference at the University of Aberdeen, King's College, Aberdeen 3rd September 2009.
  • "Running a Reparation in the Court of Session", Irwin Mitchell Conference on Personal Injuries, Glasgow 28th September 2009.
  • "New Deployment of Dispute Resolution Techniques in the 21st Century: Serving the Client and Preserving the Relationship 5th November 2009, Faculty of Procurators in Glasgow.

  

Professional Memberships

Supporting Member, LMAA (London Maritime Arbitration Association)
Panel Member, International Roster of Arbitrators
Member, LCIA (London Court of International Arbitration)
Member BIICL (British Institute of International and Comparative Law)
Member, AIPN, (Association of International Petroleum Negotiators)
Member, Society of Legal Scholars
Member, Scottish Oil Club
FRSA (Fellow of the Royal Society for the Encouragement of Arts and Commerce)
FSA Scot (Fellow of the Society of Antiquaries)
FCS (Fellow of the Institute for Contemporary Scotland)
FRHistS (Fellow of the Royal Historical Society)
FSALS (Fellow of the Society for Advanced Legal Studies)

 

Personal

Recreations:  Ski-ing, Golf and Fly-Fishing.

 

Selected Cases

Reported Cases (Scotland)

  • Alex Lawrie Factors Ltd v Mitchell Engineering Ltd 2001 S.L.T. (Sh Ct) 93 (leading authority on the rights of the common debtor in an assignation between cedent and assignee)
  • Bibby Factors Limited v. Brady 2002 CSOH 23, http://www.scotcourts.gov.uk/opinions/CA120_02.html (Interpretation of a commercial contract "all sums" guarantee)
  • Trygort (No2) Limited v. UK Home Finance Ltd & George Wimpey UK Ltd. 17th November 2006 Commercial Court Glasgow: Interpretation of Commercial Lease Break Option Clause in respect of Spent Breaches and Valid Operation of Option
  • Gregor Shore Limited v. Manclark December 2006 Civil Court Reports, Edinburgh Sheriff Court: Enforcement of domestic Missives.
  • Ness Heritable Limited v. JHP Securities Limited, Stirling Sheriff Court June 2007 (Consequences of Settling Disputed Dilapidations Claim in respect of Commercial Tenancy by Tender (Anglice Part 36 Order) and failure on part of Defenders to move for expenses at point of Minute of Acceptance of Tender.
  • Gregor Shore v. Wilson Edinburgh Sheriff Court June 2008 (Failures of defenders to obtemper contractual obligations under Missives for sale of Property)
  • Robertson Bros v. Scotia Haddington Sheriff Court, Construction Dispute in connection with fabrication and installation of steelwork in Construction Project. (April 2009 and ongoing)
  • Angus v. DDR Piling Operations Limited, Glasgow Sheriff Court (Commercial Court) Claim in Nuisance against Piling Operators on Adjoining Property May 2009)
  • Turnbull v. Royal & Sun Alliance plc, Court of Session, (October 2009), Claim for Indemnity and Payment against Insurer in respect of Co-Insured's Negligence
  • Free Church of Scotland v General Assembly of the Free Church of Scotland 2005 1 S.C. 396 per Lady Paton, [Junior Counsel in 4 week Debate in respect of seceding non-Establishment Church] Led by James McNeill QC.
  • McKie v. MacRae 2006 SLT 46 per Lord Glennie [Junior Counsel in Debate on Novel Question of Competency of Dismissal For Delay - Scotland's First Striking Out Case: Reclaimed to the Inner House] Led by James Campbell QC.
  • Trustees of Cawdor Discretionary Trust v. Mackay (Land Court) 12 Sept 2005. Novel Point arising from the Agricultural Holdings (Scotland) Act 2006, Led by Stuart Nicol, Advocate
  • Superdrug Stores Plc v Network Rail Infrastructure Ltd 2005 S.L.T. (Sh Ct) 105 (for Pursuers, anglice Plaintiffs) and First Division 27 Jan 2006. [Application under the Tenancy of Shops (Scotland) Act 1949 application to the Sheriff.] Glasgow Sheriff Court: Commercial Lease Break Option Construction. Led by Stuart Nicol, Advocate.
  • Superdrug Stores Plc v Network Rail Infrastructure Ltd 2006 SC 365 (as above, appealed to Inner House of the Court of Session, successful appeal, Lord President dissenting) Led by Dean of Faculty, Richard Keen QC
  • Trygort (No2) Limited v. UK Home Finance Ltd & George Wimpey UK Ltd. Appeal to Inner House of Court of Session Led by Dean of Faculty, Richard Keen QC http://www.scotcourts.gov.uk/opinions/2008CSIH56.html
  • Coleman v. Loutitt 2008 Civil Jury Trial Set down for May 2008 in respect of a young man's very serious head injury. Sum sued for £1.1million. Case compromised. Led by Andrew Smith QC.
  • Simpson v. Mallison 2008, Court of Session July 2008 Action in connection with Head Injury and Claims arising from Loss of Farming Business. Led by Alan Dewar QC

 

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